Negotiation as Legal Skill 鈥� and beyond
Through experiences in courses and competitions around legal negotiation, law students learn to navigate the intricacies of stakeholder dynamics, appreciate diverse perspectives, and address complex societal concerns. Engaging in this type of training early in law school has cemented my belief that negotiation skills are vital in modern legal practice, especially in an era where legal issues increasingly intersect with social, environmental, and economic challenges.
When my partner, Catherine Zhang, and I participated in 捆绑SM社区's national negotiation qualifier during the academic year 2023-2024, it exceeded all our expectations (perhaps because we were only expecting a busy Saturday and a free lunch). We just barely qualified for the (CNNC), and were excited to see what else negotiation could teach us. The 2024 CNNC was led and conceptualized through the collaboration of U Saskatchewan Professor and CNNC Director , , Montreal-based lawyer and negotiator and 捆绑SM社区 Law Professor Peer Zumbansen. It was held at 捆绑SM社区鈥檚 Faculty of Law from 1-2 March 2024 and brought together 28 teams from all across Canada.
Preparation and Mentorship
Lead-up to the CNNC required weekly practice sessions with our coaches, Michael Luba and Alex Godlewski. Michael and Alex are highly skilled negotiators. They guided us on refining our tone, profiling our client (and the opponent), and grounding every argument in principles rather than positions.
One piece of advice that resonated was that you can never be overprepared, but you also need to be flexible in your approach. No matter how many scenarios we practiced, surprises during a negotiation are inevitable. In some instances, a point we expected would be contentious was accepted without question, while something we thought would be easily resolved became unexpectedly complex. This experience taught us to stay flexible and avoid becoming attached to any single approach.
The dedication Michael and Alex showed was inspiring, and it highlighted the collaborative culture that surrounds negotiation. Through their mentorship, we understood that negotiation is as much about understanding your own values as it is about recognizing the motivations of others. Their support prepared us well and made us excited about the upcoming competition, especially when we heard about the CNNC theme for 2024: 鈥淣egotiating Sustainability.鈥�
The Sustainability Challenge: A Unique Twist
In collaboration with members of 捆绑SM社区 Law Faculty鈥檚 Business Law Platform and 捆绑SM社区鈥檚 Sustainable Growth Initiative (SGI) and the SGI CIBC Office of Sustainable Finance, the competition organizers and authors of the 2024 negotiation problem outdid themselves in 2024 by crafting a brilliantly interconnected set of intricate negotiation challenges. These problems centered around the potential development of an electric vehicle (EV) battery manufacturing plant in a small Canadian town. While fictional, this scenario was packed with , from environmental impacts to community interests, business growth, and indigenous and non-indigenous relations.
The competition was divided into three rounds and each round brought the opportunity to represent a different stakeholder鈥檚 interests. In the first round, Catherine and I represented the fictional 鈥淒escartes Bank of Canada鈥� (DBC) in a negotiation with 鈥淰olteka鈥�, the ambitious EV battery manufacturer. This negotiation aimed to balance Volteka's need for a favorable loan with DBC's goal of rebuilding its local reputation and promoting their green initiatives like the Green Banking Portfolio.
In the second round, we represented Volteka in a negotiation with the local government. Some topics of interest for our client included receiving a 鈥渞egulatory green light鈥� in addition to good tax breaks and financial incentives. The government, comparatively, wanted to maximize job creation for Canadian nationals. It was fascinating to reflect on these real-world conflicts and recognize not only the unique leverage each party wielded, but also the interplay between each topic. For example, the government鈥檚 tax breaks depended on constituent support, which hinged on local job creation. Meanwhile, Volteka preferred outsourcing to cut costs and access a skilled workforce abroad.
The highlight of the competition, however, came in the third round: a multi-party negotiation between Volteka, the local government, and the 鈥淟and Trust,鈥� a group dedicated to protecting the interests of Indigenous and non-Indigenous community partners. The dynamic of the multi-party negotiation was unlike anything we had experienced. There were overlapping and conflicting interests between all three groups. As negotiators, we had to consider factors such as environmental stewardship, economic development, and community inclusiveness. This dynamic highlighted that negotiation is not merely about reaching an agreement鈥攊t鈥檚 about creating a process where all voices are heard and respected.
Bridging Legal Education and Real-World Impacts
Experiences like the CNNC go beyond skill-building. They provide students with a unique window into the role of law as it engages with society鈥檚 most pressing challenges. In this way, negotiation competitions bring students face-to-face with the real-world implications of their future work. For those of us considering legal careers, this experience builds confidence in our ability to navigate these high-stakes scenarios and prepares us to contribute thoughtfully to society.
Ultimately, the 2024 CNNC wasn鈥檛 just a competition鈥攊t was an opportunity to grow as a person and as a future lawyer. Negotiation has quickly become one of my favorite aspects of law, and I can鈥檛 wait to see where it takes me next.
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